The verdict seems to quietly uphold the infamous logic of "collective conscience"of the nation, which would even demand instant deaths to any one accused by the police of having links with terrorism or even suspected so. In the context of the death sentence pronounced against Afsal Guru in the Parliament Attack Case, thirteen questions concerning the entire case raised by Arundhati Roy and similar concerns originally articulated by Professor Nirmalansu Mukharjee and others about the total lack of credibility of the Parliament Attack Case against Afsal Guru and others were just ignored by the state and the obedient media.
When it comes to the series of Gujrat encounter killings, it had been established that the cold-blooded killings were the handy work of an overenthusiastic section of the top brass in the Gujarat Police to 'invent' life threatening plots against the Cheif Minister and instantly eliminate the 'suspects',only to get promotions,etc. The Tehelka tapes and the investigative reports/narrations exposing many BJP-RSS-VHP chieftains who worked either as precision killers or as the guarantors of impunity to the criminal mobs or as propagators of hatred against Muslims ,were again ignored. Obviously , a policy of voluntary censorship adopted by the mainstream press on, for and by themselves has made it increasingly difficult to expect from them a more realistic coverage of issues and events. The current court order in the Batla House Encounter Petition should not be allowed to pass off silently. This needs to be challenged as representative of a dangerous trend that would encourage further lawless actions on the part of the state and the Police. On Fri, Oct 30, 2009 at 10:11 PM, BRP Bhaskar <[email protected]> wrote: > > The concept of Rule of Law is set at naught when the Judiciary, like the > Executive, places the morale of the police above the morale of the citizens. > > On Fri, Oct 30, 2009 at 8:43 PM, manisha sethi <[email protected]> > wrote: >> >> >> >> Supreme Court Judgement on Batla House ‘Encounter’ will set a dangerous >> precedent >> >> >> >> Jamia Teachers Solidarity Association terms the judgement given by a bench >> of Supreme Court judges dismissing the plea for ordering a judicial enquiry >> in Batla House encounter case as highly unfortunate. The bench’s main >> argument—that, any enquiry would cause “unnecessary harassment of the >> police” and “adversely affect the morale of the police”—is astoundingly >> irrelevant to the merit of the case. One fails to understand how an enquiry >> would amount to harassment of the police as hundreds, if not thousands, of >> enquiries are in progress against the police at any given moment. The judges >> when responding to the petitioner’s argument that large sections of society >> have doubts on the role of the police said: “Criminals are criminals. Don’t >> identify them with any section of the society.” How come the honourable >> judges have already made up their minds about the accused when they have >> been not subjected to any trial or fair enquiry—does not labelling them >> “criminals” in the absence of any enquiry militate against the very basic >> tenets of law and principles of natural justice? >> >> >> >> Moreover, this judgement will have momentous implications as it will be >> ceaselessly cited and applied to a variety of cases where an enquiry against >> the police is pending or being demanded. In the long run, this judgement >> could contribute to the subversion of crucial institutions and mechanisms >> evolved for the safeguarding of democratic rights. It raises some very >> serious questions: >> >> - How does constituting an enquiry into a widely suspected encounter >> be regarded as an “unnecessary harassment”? Does it not imply that flouting >> of NHRC guidelines on encounter killings which demands that a magisterial >> enquiry be held after each encounter killing have received the sanction of >> the SC? >> >> - Does it mean that enquiry into Ishrat Jahan and Sohrabuddin fake >> encounter cases should not have been ordered since they would amount to >> “adversely affecting morale of the police.”? Does it mean that enquiry into >> Ranbir encounter case in Dehradun in which several policemen have been >> implicated is unnecessary? If the Supreme Court had its way many of similar >> potential miscarriages of justice would have never come to light. >> >> >> >> Such a judgement literally amounts to giving the police a licence to kill >> anyone anywhere without fear of ever being questioned. JTSA reiterates its >> commitment to deepen the struggle for judicial probe into the Batla House >> ‘encounter’ and against the culture of extra judicial killings. >> >> >> >> Sd/- >> >> Manisha Sethi (President, JTSA) 9811625577 >> >> Adeel Mehdi (Gen. Secy, JTSA) 9990923027. >> >> >> >> >> >> > > > > -- You cannot build anything on the foundations of caste. You cannot build up a nation, you cannot build up a morality. Anything that you will build on the foundations of caste will crack and will never be a whole. -AMBEDKAR http://venukm.blogspot.com http://www.shelfari.com/kmvenuannur http://kmvenuannur.livejournal.com --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "humanrights movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/humanrights-movement?hl=en -~----------~----~----~----~------~----~------~--~---
